Constantino et al v. DePuy Synthes Products, Inc. et al
Plaintiff: Maria Constantino and michael constantino
Defendant: DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Johnson & Johnson and Medical Device Business Services, Inc.
Case Number: 1:2023cv01144
Filed: October 31, 2023
Court: US District Court for the Western District of New York
Presiding Judge: Jeremiah J McCarthy
Referring Judge: Lawrence J Vilardo
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Product Liability
Jury Demanded By: Both
Docket Report

This docket was last retrieved on December 27, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 27, 2023 Filing 6 MOTION to appear pro hac vice ( Filing fee $ 200 receipt number ANYWDC-5066466.) by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Johnson & Johnson, Medical Device Business Services, Inc.. (Attachments: #1 Declaration Petition for admission with supporting documents, #2 Affidavit Sponsor Affidavit, #3 Text of Proposed Order Proposed Order granting admission pro hac vice)(Murdica, James)
December 7, 2023 Opinion or Order Filing 5 ORDER OF PRELIMINARY PRETRIAL CONFERENCE. As set forth in the order, a teleconference is set for 1/5/2024 at 10:00 AM before Hon. Jeremiah J. McCarthy. To access the teleconference, the parties shall dial 888-808-6929 and enter access code 1533000# sufficiently in advance of the proceeding. It remains the parties' responsibility to read and comply with the attached Order. Signed by Hon. Jeremiah J. McCarthy on 12/7/2023. (EG)
December 7, 2023 Filing 4 TEXT REFERRAL ORDER - Hon. Jeremiah J. McCarthy, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. 636(b)(1)(A), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall not hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. 636(b)(1)(B) and (C), unless further ordered by this Court. All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 12/7/2023. (DJ)
November 7, 2023 ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution. (JLV)
November 6, 2023 Filing 3 ANSWER to Complaint by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Johnson & Johnson, Medical Device Business Services, Inc..(Murdica, James)
November 6, 2023 ATTENTION ALL PARTIES OR INTERVENORS: Pursuant to Fed. R. Civ. P. 7.1 and/or General Order No. 157 In the Matter of Disclosure of Members, Shareholders, Partners, and Leaders of Business Organization Parties, all Disclosure Statements are to be filed with first appearance, pleading, petition, motion, response, or other request addressed to the court. (KM)
November 2, 2023 Notified Multi-District Litigation Panel of potential tag-along case. (TMK)
November 2, 2023 Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (TMK)
November 2, 2023 Case Assigned to Hon. Lawrence J. Vilardo. Notification to Chambers of on-line civil case opening. (TMK)
November 2, 2023 E-Filing Notification: re #1 NOTICE - Modified on 11/2/2023 to added correct event used (TMK). (TMK)
November 2, 2023 AUTOMATIC REFERRAL to Mediation: the ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TMK)
November 1, 2023 Filing fee received: $402.00, receipt number 100003077. (JLV)
October 31, 2023 Filing 2 Corporate Disclosure Statement by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Johnson & Johnson, Medical Device Business Services, Inc.. (Murdica, James)
October 31, 2023 Filing 1 NOTICE OF REMOVAL by DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Johnson & Johnson, Medical Device Business Services, Inc. Notice of Removal (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Civil Cover Sheet)(Murdica, James) Modified on 11/2/2023 (TMK).

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Plaintiff: Maria Constantino
Represented By: Gregory P. Krull
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Plaintiff: michael constantino
Represented By: Gregory P. Krull
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Defendant: DePuy Synthes Products, Inc.
Represented By: James F. Murdica
Represented By: Joel Thaddeus Larson
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Defendant: DePuy Synthes Sales, Inc.
Represented By: James F. Murdica
Represented By: Joel Thaddeus Larson
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Defendant: Johnson & Johnson
Represented By: James F. Murdica
Represented By: Joel Thaddeus Larson
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Defendant: Medical Device Business Services, Inc.
Represented By: Joel Thaddeus Larson
Represented By: James F. Murdica
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